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ARTICLE · 18 MARCH 2009

Substantial Changes To The "Competition Act" And "Investment Canada Act" Enacted – Businesses Must React

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On March 12, 2009, after being expeditiously passed by both Houses of Parliament, Bill C-10 received Royal Assent and is now law.

CanadaAntitrust/Competition Law
Anthony Baldanza
Anthony Baldanza
Mark Magro
Mark Magro
Douglas New
Douglas New
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On March 12, 2009, after being expeditiously passed by both Houses of Parliament, Bill C-10 received Royal Assent and is now law.

For details on the key changes to the Competition Act and Investment Canada Act provided for in Bill C-10, please refer to our February 2009 bulletin, "Dramatic Changes to Canada's Competition and Foreign Investment Review Laws Proposed in Bill C-10", http://www.fasken.com/acm_bulletin_february2009/. 1

In light of this development, we are recommending the following:

  • Businesses should review and appropriately revise their pricing policies in light of the decriminalization of price discrimination, predatory pricing, discriminatory promotional allowances and resale price maintenance, effective immediately. Henceforth, price discrimination, predatory pricing and discriminatory promotional allowances will only be problematic where they amount to an abuse of market power. Resale price maintenance will be subject to review where it is

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